The Court of Appeal has upheld the Competition and Markets Authority’s (CMA) findings that Auden Mckenzie and Actavis UK charged excessive and unfair prices for hydrocortisone tablets between 2008 and 2018. Prices rose from less than £1 to over £70 per pack, increasing NHS annual spending on the drug from £500,000 to over £80 million. The CMA determined the price hikes did not reflect increased costs or investment, as the drug was first introduced in 1955. Following appeals, the Competition Appeal Tribunal (CAT) and Court of Appeal rejected challenges to the CMA’s conclusions. Penalties totaling £266 million were initially imposed, later reduced to £240 million after adjustments. The Court of Appeal remitted penalty appeals to the CAT for reconsideration. The ruling confirms the firms’ anti-competitive practices and reinforces the CMA’s authority to address such abuses in the pharmaceutical sector.
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